local development scheme 2019 - 2022democratic.bracknell-forest.gov.uk/documents/s130421/revised...
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Local Development Scheme 2019- 2022
Bracknell Forest Councilwww.bracknell-forest.gov.ukFebruary 2019
11 Introduction and purpose of Local Development Scheme
32 Policy context
73 Schedule of planned documents
164 Risk assessment
205 Monitoring and review
216 Glossary of terms
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1 Introduction and purpose of LocalDevelopment Scheme1.1 The Planning and Compulsory Purchase Act 2004 (as amended by the Planning Act2008 and Localism Act 2011) requires a Local Planning Authority to prepare and maintaina Local Development Scheme (LDS). Its main purposes are:
to inform the local community and other interested parties of the development plandocuments that are being prepared for the area, along with the envisaged timescalesfor their preparation.to establish the Council’s priorities for the preparation of the new development plandocuments and their associated work programmes, as well as their impact on resources(including financial).
1.2 This LDS supersedes the previous version that came into effect on 1st February 2018,and deals with the three-year period up to Spring 2022. This LDS takes effect from 20th
February 2019.
Key Changes since February 2018
1.3 The previous LDS indicated certain milestones for the production of the BracknellForest Local Plan and Joint Minerals and Waste Local Plan, which it has not been possibleto meet. These are:
i. Bracknell Forest Local Plan: consultation on publication version in October / November2018, followed by submission for examination in February 2019.
ii. Joint Minerals and Waste Local Plan: consultation on preferred option in January – May2018, followed by consultation on publication version in November 2018 / March 2019.
1.4 This has not been possible for the following reasons:
The publication of the revised National Planning Policy Framework (NPPF) (July 2018)and associated planning practice guidance. Amongst other matters, the NPPF confirmedthe need to use the new standard method for calculating local housing need and alsobroadened the definition of affordable housing. All local policies and proposals mustbe consistent with national policy and therefore there is a need to amend emergingpolicies to meet this requirement.The publication of a national consultation on updates to national planning policy andguidance, which may result in the Government requiring the use of the 2014-basedhousehold projections rather than the more recent 2016-based household projectionsin calculating local housing need. This has a significant impact on the housing needfigure for Bracknell Forest and therefore the spatial strategy and sites that need to beallocated for development.Additional sites being submitted to be considered for allocation for development duringconsultation on the Draft Bracknell Forest Local Plan in February/March 2018. Thisresulted in the need for further analysis, evidence and consultation under Regulation18 of the Town and Country Planning (Local Planning) (England) Regulations 2012)during September 2018.
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Requirement for additional technical evidence due to changes in national policy andthe complexity of constraints effecting sites, for example, air quality modelling andemployment need.The need for further work on additional economic and housing growth options in respectof the Bracknell Forest Local Plan.The need for two further calls for potential minerals and waste sites due to work on theJoint Minerals and Waste Local Plan recognising a shortfall in capacity particularlytowards the end of the Plan period (2030+).
1.5 The changes referred to above mean that there is a need to review the workprogrammes set out in the current LDS.This will result in amended dates for the subsequentmilestones for both Local Plans, as well as additional milestones (such as further consultationunder Regulation 18 of the Town and Country Planning (Local Planning) (England)Regulations 2012)). The current LDS will be superseded once the revised document isbrought into effect.
1.6 There is also a need to change the plan period covered by the Bracknell Forest LocalPlan so that it extends to 2036. This allows for a 15 year plan period from submission (in2020), in accordance with the revised NPPF. However, within this period, policies will bereviewed to establish whether or not they need updating at least once every five years fromthe adoption of the plan. This is a legal requirement set out in Regulation 10A of the Townand country Planning (Local Planning) (England) Regulations 2012.
Quick Guide to Planning Policy and Guidance
1.7 Following changes in legislation in 2011 and 2012 (through the Localism Act 2011and new Town and Country (Local Plan) (England) Regulations 2012), there is no longer arequirement for local planning authorities to specify the timetables for producing other planningdocuments such as Supplementary Planning Documents (SPDs) in the LDS. However, theCouncil is aware that this is useful information that should be publicly available. Consequently,a summary of adopted SPDs and a list of those that the Council is proposing to prepare andreview are available on the web site in a separate document titled ‘Quick Guide to PlanningPolicy and Guidance'(1). This approach has been taken to enable the list to be updated ona more regular basis.
1 https://www.bracknell-forest.gov.uk/sites/default/files/documents/quick-guide-planning-policy.pdf
2 www.bracknell-forest.gov.uk/planningpolicy
2 Policy contextNational context
Localism Act 2011
2.1 The Act introduced a number of changes to the planning system, which are relevantto the preparation of planning policy documents:
Abolition of Regional Strategies. Section 109 of the Act abolished the regional planningtier and also made provision to revoke, by Order, the whole or any part of a RegionalStrategy. The Regional Strategy for the South East (Partial Revocation) Order cameinto force on the 25th March 2013.
Duty to Co-operate. The Act placed a legal duty on local planning authorities, countycouncils and public bodies to engage constructively, actively and on an ongoing basisin dealing with strategic cross-boundary matters in the preparation of Local Plans. If anInspector decides that this legal test has not been complied with on examination of aplan, he/she will recommend that it is not adopted. In addition to this, there is the testof soundness which is set out in full in the NPPF (para.35).
Neighbourhood Planning.The Act introduced a new tier of planning called neighbourhoodplanning, which gives communities more of a say in the development of their local area.Communities have the power to make a Neighbourhood Development Plan andNeighbourhood Development Orders (including Community Right to Build Orders).TheLocal Planning Authority has a duty to support the process (see Neighbourhood PlanningRegulations below).
Local Plan Regulations
2.2 The Town and Country (Local Plan) (England) Regulations 2012 came into force on6th April 2012. These Regulations (and subsequent amendments) prescribe the form andcontent of a Local Plan and Policies Map and set out procedural arrangements for preparingLocal Plans. They also list the prescribed bodies in relation to the Duty to Co-operate(Regulation 4), the requirements in relation to the Authority Monitoring Report (Regulation34), and set out how information should be made available for inspection.
Neighbourhood Planning Regulations
2.3 The Neighbourhood Planning (General) Regulations 2012 came into force on 6th April2012. The Regulations include the process and procedures for setting up NeighbourhoodAreas, preparing Neighbourhood Development Plans, and Neighbourhood DevelopmentOrders (including Community Right to Build Orders). The first step in the neighbourhoodplanning process is for the 'relevant body' to apply to the Local Planning Authority for thedesignation of a Neighbourhood Area. Any plan or order needs to meet the 'basic conditions'set out in paragraph 8(2) of Schedule 4B of the Town and Country Planning Act 1990.Theseinclude the need to contribute to the achievement of sustainable development and be ingeneral conformity with the strategic policies of the Development Plan. Once the independent
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examiner issues a report, the Local Planning Authority considers this report to reach its ownview and takes a decision on whether to send the plan/order to local referendum. If morethan 50% of the votes are in favour of the plan/order, then the Council 'makes' the plan/order.It will then form part of the Development Plan and be taken into account when makingdecisions on planning applications in the area.
2.4 Six Neighbourhood Areas have been designated by the Council covering the followingParish/Town Councils:
Binfield
Bracknell
Crowthorne
Sandhurst
Warfield
Winkfield
This means that there is the potential for the whole of Bracknell Forest to be covered byNeighbourhood Plans. As they are not prepared by the Council and their timetables aredependent on the progress made by the respective communities, they cannot be includedin the LDS. At the time of preparing this LDS, Binfield Neighbourhood Plan (April 2016) wasthe only plan to have been brought into legal force following a successful referendum inMarch 2016. It now forms part of the statutory Development Plan for Bracknell Forest.WhilstBracknell Town Council had submitted its Neighbourhood Plan to the Council in November2018, it had not been through the examination process at the time of compiling this LDS.
National Planning Policy Framework
2.5 The revised National Planning Policy Framework (NPPF) was published in July 2018,replacing the original NPPF (2012). Key changes from the original NPPF include:
a new standard method for assessing housing need (set out within Planning PracticeGuidance).The use of the standard method applies to plan-making for plans submittedon or after the 24 January 2019;a housing delivery test from November 2018;amendments to the definition of, and requirements for, affordable housing;a new section on 'Making effective use of land' (section 11), which requires local planningauthorities to give substantial weight to the value of using suitable brownfield land withinsettlements for homes (para. 118c); and,a widening of the focus from biodiversity to environmental gain.
2.6 Following the publication of the revised NPPF the Government published a 'technicalconsultation on updates to national planning policy and guidance' in October 2018 (2). Asection within the consultation proposes amending planning practice guidance to specify
2 https://www.gov.uk/government/consultations/changes-to-planning-policy-and-guidance-including-the-standard-method-for-assessing-local-housing-need
4 www.bracknell-forest.gov.uk/planningpolicy
that the 2014-based household projections (rather than the latest 2016-based householdprojections) should provide the demographic baseline for the standard method for a timelimited period.
National Planning Practice Guidance
2.7 The National Planning Practice Guidance (NPPG) was launched in March 2014 andis updated as necessary by the Government. The guidance provides an indication of theSecretary of State’s views.The NPPG contains guidance on a wide range of planning matters;for example, there are sections on ‘neighbourhood planning' and on ‘crown development'.The ‘housing need assessment’ part of the guidance contains a detailed methodology as tohow local housing need should be calculated.
Planning Policy for Traveller Sites
2.8 An updated version of Planning Policy for Traveller Sites (PPTS) was published inAugust 2015 and should be read in conjunction with the NPPF. This sets out national policyfor Traveller sites and requires local planning authorities to work collaboratively to preparea robust evidence base to establish accommodation needs and then set local targets forpitches and plots in a Local Plan. Appropriate sites should be allocated, to meet needs andenable the identification of a rolling five year supply of deliverable sites.
National Waste Planning Policy
2.9 The Waste Management Plan for England was published in December 2013 and setsout the Government’s ambition to work towards a more sustainable and efficient approachto resource use and management. National Planning Policy for Waste was published inOctober 2014 and sets out detailed planning policies for waste within the framework providedby the National Plan.
Current Development Plan for Bracknell Forest
2.10 Documents forming the Development Plan for Bracknell Forest can be viewed athttp://www.bracknell-forest.gov.uk/developmentplan
South East Plan
2.11 The South East Plan (SEP) was approved in May 2009. However, most of its contentwas revoked in March 2013, with the exception of Policy NRM6 which is concerned with theThames Basins Heaths Special Protection Area (SPA).
Core Strategy
2.12 The Core Strategy was adopted in 2008. It is an overarching document which setsout the Council's long term planning framework and vision for the Borough up to 2026. PolicyCS15 sets out the overall housing provision and requires a phased approach to the deliveryof 11,139 dwellings over the plan period.
Site Allocations Local Plan
2.13 The Site Allocations Local Plan (SALP) was adopted in 2013. It includes thepresumption in favour of sustainable development (through the inclusion of Policy CP1).This means that this is more than a material consideration through the NPPF. The primary
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purpose of the SALP was to identify sites to meet the housing requirement of 11,139 dwellingsbetween 2006 and 2026, as set out in the Core Strategy. It therefore allocated sites for afurther 4,346 dwellings, including previously developed and greenfield sites that were outsidedefined settlement boundaries.
Bracknell Forest Borough Local Plan
2.14 The Bracknell Forest Borough Local Plan (BFBLP) was adopted in January 2002. Itcontains a number of detailed development management policies that were "saved" by theSecretary of State beyond 27 September 2007 (3). Although some of these policies havesubsequently been superseded by polices in the Core Strategy and Site Allocations LocalPlan, many remain in effect. These remain part of the Development Plan until such time asthey are replaced by new policies.
Minerals and Waste Local Plans
2.15 The Replacement Minerals Local Plan for Berkshire (RMLP) was adopted by theformer County Council in 1995, with alterations adopted in 1997 and 2001 to include theareas of Colnbrook and Poyle. It was intended to ensure that minerals were extracted at theright pace throughout the plan period (until 2006), and that there were enough planningpermissions for mineral extraction at the end of that period for a further seven years ofextraction (to the end of 2013).The plan also contains a number of development managementpolicies. The Waste Local Plan for Berkshire (WLPB) was adopted in 1998. It looked atwhere new waste management facilities should be provided and methods of disposing ofwaste. The majority of the policies introduced by the RMLP and the WLPB were "saved" bythe Secretary of State indefinitely until replaced by national, regional or local minerals andwaste policies (4).
Background Evidence
2.16 Local Plans are prepared using a range of evidence (including primary data) preparedby the Council and by consultants on behalf of the Council. The purpose of establishing anevidence base is to ensure that all future planning policies and decisions are based on robustand up-to-date information. The importance of local planning authorities having an up todate, relevant and robust evidence base is emphasised in the revised NPPF (see above).The preparation of the new Local Plans specified in this LDS provides the opportunity toreview existing evidence and update and expand on elements of it, where necessary, to fullyaccord with the requirements set out in the NPPF and National Planning Policy for Waste.
3 https://www.bracknell-forest.gov.uk/planning-and-building-control/planning/planning-policy/development-plan/local-plan-20024 https://www.bracknell-forest.gov.uk/planning-and-building-control/planning/planning-policy/development-plan/minerals-and-waste
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3 Schedule of planned documentsBracknell Forest Local Plan
3.1 Work will continue on the preparation of a Bracknell Forest Local Plan (BFLP) andassociated Policies Map in accordance with the timetable set out within this section.
3.2 This will:
cover the period to 2036;
support the 'Plan for Growth' and economic strategies produced by the Thames ValleyLocal Enterprise Partnership (LEP) and the Council;
identify the role of Bracknell Forest, following the partial revocation of the SEP;
give confidence to investors and help leverage funding for any infrastructure neededto support a vision for the future;
include policies to meet the requirements of the NPPF and the NPPG;
be informed by a robust and up to date evidence base, including an assessment ofhousing needs (including Travellers), economic needs and recreational needs;
include any site allocations to meet identified needs over the plan period;
include policies to guide the delivery of development;
include policies to fill ‘policy gaps’ left as a result of the revocation of the SEP such asheritage and green infrastructure; and,
include a review of policies following changes to permitted development rights and theUse Classes Order.
3.3 The Council has an Infrastructure Delivery Plan (IDP) which is being updated andreviewed as part of this process. In addition, other supporting documents are being producedsuch as viability assessments.
Resources
3.4 The broad resource and management arrangements for the BFLP and Policies Mapare set out in the timetable on the following pages. Whilst resources will be primarily drawnfrom the Planning Section of Place, Planning and Regeneration, input from other serviceareas and external resources may be used. Consultants are being engaged on specificprojects where there is a lack of capacity in-house, or additional expertise is required. Thisparticularly relates to technical baseline surveys, viability testing and other specialist areaswhere it is not economic to have an in-house resource.
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Joint Minerals and Waste Local Plan
3.5 Work has begun on the preparation of a Joint Minerals and Waste Local Plan (JMWP)and associated Policies Map in partnership with three other Berkshire Authorities (RoyalBorough of Windsor & Maidenhead, Reading Borough Council and Wokingham BoroughCouncil) over the next three years and beyond.
3.6 The JMWP will:
cover the period 2020-2036;
set out a vision and strategy for mineral provision and waste management;
give confidence and certainty to commercial operators and the local community overthe plan period;
take into account the requirements of the NPPF, NPPG, Waste Management Plan forEngland and National Planning Policy for Waste;
include development management policies for evaluating minerals and waste planningapplications;
include any site allocations to meet identified needs over the plan period;
be informed by a robust and up to date evidence base e.g. Local AggregatesAssessment, data on municipal waste arisings, transfer, treatment and disposal.
Resources
3.7 The broad resource and management arrangements for the JMWP and Policies Mapare set out in the timetable on the following pages. Hampshire Services is contributingplanning, specialist and managerial staff resources sufficient to prepare a sound plan.Whilststaff resources are primarily from Hampshire Services, there also needs to be input fromthe Planning Section of Place, Planning and Regeneration and other areas at BracknellForest Council such as Legal and Waste Management.
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Profile of Bracknell Forest Local Plan
Bracknell Forest Local PlanDocument title
Local Plan Team, Planning, Transport Development, Parksand Countryside, Place, Planning and Regeneration.
Lead Section
Borough WideScope
HighPriority
Synopsis Sets the Council's spatial vision, spatial objectives, andstrategy for the distribution of development up to 2036;
reflects the most up-to-date national policies andguidance;
reviews and updates the existing Core Strategy policies,for example those dealing with housing and economicdevelopment;
reviews and updates 'saved' Bracknell Forest BoroughLocal Plan policies;
fills gaps in local policy, for example, those left by thepartial revocation of the South East Plan e.g. greeninfrastructure;
establishes and enables the delivery of developmentneeds for the Borough, including a housing target forthe plan period, based on an objective assessment ofneed;
promotes sustainable economic growth, includingplanning for future employment, retail and businessneeds;
reviews elements of the existing SALP and allocatesfurther strategic sites to meet development needs;
may include a review of the Green Belt boundary,depending on the amount and availability of landrequired to meet future identified development needs;
reviews the existing settlement boundaries;
includes a suite of development management policieson issues such as design, heritage, affordable housingand green infrastructure;
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Bracknell Forest Local PlanDocument title
sets pitch and plot targets for Gypsies and Travellersand Travelling Showpeople; and
identifies any necessary sites for Gypsies and Travellersand Travelling Showpeople.
General conformity with national planning policy (the NationalPlanning Policy Framework)
Chain of conformity
'Saved' policies of the Bracknell Forest Borough Local Plan(2002 and saved in 2007)
Current Document (date ofadoption)
Core Strategy (February 2008)
Site Allocations Local Plan (July 2013)
The South East Plan, Policy NRM6 only (May 2009)
Timetable
TimescaleKey Milestone
June 2015COMMENCEMENT OFREVIEW (Notification ofbodies/persons of intention (June 2015 - June 2016)to prepare a Plan, (1), SAscoping, evidence gatheringand preparation ofconsultation documents)
June/July 2016Issues and Optionsconsultation
July 2016 - February 2018Further evidence andanalysis
February/March 2018Draft Plan consultation(preferred option)
September 2018Further consultation on newsites
September - October 2019Further consultation onadditional growth options
February - March 2020Publication
June - July 2020SUBMISSION (2)
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Bracknell Forest Local PlanDocument title
Autumn 2020Pre-ExaminationMeeting/ExaminationHearing/Inspector's Report(3)
January 2021Report to Council/Adoption
Head of Planning - Director, Place, Planning & Regeneration- Executive Member for Planning & Transport - PortfolioReview Group - Executive - Council
Management Arrangements
Internal:Resources
Staff in the Local Plan Team;
Internal administrative and technical support;
Other Borough Council Officers' and Members' time;
Local Plan budget to cover consultation, printing anddesign costs, and examination costs.
External:
Consultants and major landowners for some aspectsof preparation;
Local Strategic Partnership to provide link with thecommunity;
Representatives from stakeholder groups to attendmeetings and contribute to preparation etc;
Development industry expertise;
Specific Local Plan budget for possible use ofconsultants for specific aspects of preparation;
Duty to Co-operate bodies;
Other external agencies/consultees;
Amenity/Community groups.
Wide stakeholder and community involvement using a rangeof consultation methods described in the Statement ofCommunity Involvement, which also meets the requirementsset out in relevant Regulations.
Approach to involvingstakeholders andcommunity
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1. (Reg 18 Town and Country Planning (Local Planning) (England) Regulations 2012)2. Assumes that only minor changes, ie. typographical changes are needed following consultation on the Publication
document.3. The Planning Inspectorate usually decides whether a Pre-Hearing meeting is needed. This could affect timing of
subsequent stages. Assumes no further consultation on main modifications necessary following examination hearings.
Profile of Joint Minerals and Waste Local Plan
Joint Minerals and Waste Local PlanDocument title
Local Plan Team, Planning, TransportDevelopment, Parks and Countryside,Environment, Culture and CommunitiesDepartment in conjunction with HampshireServices as contractor
Lead Section
Bracknell Forest, Wokingham Borough,Royal Borough of Windsor and Maidenhead,Reading Borough
Scope
HighPriority
Set out policies on minerals and wasteacross the four authorities.
Synopsis
General conformity with national planningpolicy (the National Planning PolicyFramework, Waste Management Plan forEngland and National Planning Policy forWaste)
Chain of conformity
Replacement Minerals Local Plan forBerkshire (including Alterations), 2001(RMLP), Waste Local Plan for Berkshire,1998 (WLPB)
Current Document (date of adoption)
Timetable
TimescaleKey Milestone
September 2016 - March 2017COMMENCEMENT OF REVIEW(Notification of bodies/persons of intentionto prepare a Plan, (1), SA scoping, evidencegathering and preparation of consultationdocuments)
March - September 2017Issues and Options consultation
July 2017 – May 2018Further evidence and analysis
June - November 2018Preferred Options consultation
Autumn 2019PUBLICATION (6 weeks)
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Joint Minerals and Waste Local PlanDocument title
September 2019 - January 2020Consideration of representations
Winter 2020SUBMISSION (2)
Summer 2020Pre-Examination Meeting/Examination/Hearings (3)
Autumn 2020Receipt of Inspector’s report
Winter 2020/2021Report to Council/Adoption
Head of Planning - Director, Place, Planning& Regeneration - Executive Member forPlanning & Transport - Portfolio ReviewGroup - Executive - Council
Management Arrangements
Internal:Resources
Staff in the Local Plan Team;
Internal administrative and technicalsupport;
Other Borough Council Officers' andMembers' time;
Local Plan budget to coverconsultation, printing and design costs,and examination costs.
External:
Hampshire Services;
Representatives from stakeholdergroups to attend meetings andcontribute to preparation etc;
Commercial Operators' expertise;
Duty to Co-operate bodies;
Other external agencies/consultees;
Specific Local Plan budget.
Wide stakeholder and communityinvolvement using a range of consultationmethods described in the Statement of
Approach to involving stakeholders andcommunity
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Joint Minerals and Waste Local PlanDocument title
Community Involvement, which also meetsthe requirements set out in relevantRegulations.
1. (Reg 18 Town and Country Planning (Local Planning) (England) Regulations 2012)2. Assumes that only minor changes, ie. typographical changes are needed following consultation on the Publication
document.3. The Planning Inspectorate usually decides whether a Pre-Hearing meeting is needed. This could affect timing of
subsequent stages. Assumes no further consultation on main modifications necessary following examination hearings.
Profile of Policies Map
Policies MapDocument title
Local Plan Team, Planning, Transport and Countryside Division,Environment, Culture and Communities Department
Lead Section
Borough WideScope
HighPriority
The adopted Policies Map spatially illustrates the policies of theLocal Plans on an Ordnance Survey base (currently the CoreStrategy, Site Allocations Local Plan policies, 'saved' policies in
Synopsis
the Bracknell Forest Borough Local Plan, Replacement MineralsLocal Plan for Berkshire (RMLP), Waste Local Plan for Berkshire(WLPB) and Binfield Neighbourhood Plan). It will be updated toincorporate any changes from specific area based policiesresulting from the adoption of the Bracknell Forest Local Planand the Joint Minerals and Waste Local Plan.
Conformity with the adopted Local Plans.Chain of conformity
Bracknell Forest Borough Policies Map (July 2013).Current Policies Map(date of adoption)
Policies Map associated with Replacement Minerals Local Planfor Berkshire (RMLP), Waste Local Plan for Berkshire (WLPB).
Policies Map associated with the Binfield Neighbourhood Plan(2016)
Timetable
TimescaleKey Milestone
To be progressed alongside the timetables for the BracknellForest Local Plan and the Joint Minerals and Waste Local Plan.
Head of Planning - Director, Place, Planning & Regeneration -Executive Member for Planning & Transport - Portfolio ReviewGroup - Executive - Council
ManagementArrangements
14 www.bracknell-forest.gov.uk/planningpolicy
Policies MapDocument title
Internal:Resources
Staff from the Local Plan Team;
Internal administration and GIS technical support;
Other Borough Council Officers' and Members' time;
Local Plan budget to cover printing and design costs.
External:
Local Plan budget to fund use of consultants.
As for Bracknell Forest Local Plan and the Joint Minerals andWaste Local Plan.
Approach to involvingstakeholders andcommunity
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4 Risk assessment4.1 As the Council is required to set out firm timetables for the delivery of Local Plans itis important to identify the risks that could affect the work programme set out in this LDS,and consider how the risks may be minimised and mitigated. The position is summarised inthe table below:
Table 1 - Risk Factors affecting the LDS
Possible Consequences and MitigationLevel ofRisk
Risk
There may be further changes to legislation andguidance introduced by the Government which willneed to be taken account of as and when published,
HighPotential change innational and localpolitical control/leadership which could be part way through document
preparation (as has been the case with the revisedNational Planning Policy Framework (2018).
Changes in policy and guidance will be monitoredand assessed for their impact on the content ofemerging documents. Any Local Plan will be basedupon the information available at that time. Advicewill be sought from the Department for HousingCommunities and Local Government and the PlanningInspectorate, as appropriate. Locally, officers will workclosely with Members through working groups andcommittees.
Government spending cuts continue to affectresources across the Council. Over the past fewyears, there has been a reduction in staff available
Medium/High
Staffing andResources
to carry out local planning work within the Local PlanTeam. In addition to work on draftingpolicies/guidance and the implementation of projects,the Duty to Co-operate now requires the dedicationof additional resources on an ongoing basis.
Schedule 4B (para.3) to the Town and CountryPlanning Act 1990 (as amended) requires a localplanning authority to provide advice or assistance toa ‘qualifying body’ that is producing a neighbourhoodplan. This also places pressures on staff andresources, particularly as all of the Borough’s sixparishes have been designated as NeighbourhoodAreas. Whilst the Binfield Neighbourhood Plan hasbeen brought into legal force, others are still underpreparation. Close contact will be maintained withTown/Parish Councils regarding timetables forprogressing documents.
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Possible Consequences and MitigationLevel ofRisk
Risk
Risks to the preparation of the Joint Minerals andWaste Plan (JMWP) are beingmanaged through commissioning a specialist service(Hampshire Services) to deliver the plan. HampshireServices have a history of preparing successfulminerals and waste plans. Close contact is beingmaintained with Hampshire Services and thecontract is being carefully managed.
In recognition of the fact that four local authorities areinvolved in the JMWP, a joint board has been set upto act as an advisory body/sounding board fordecisions. Currently, decisions regarding keymilestones during the plan making process arebeing dealt with in accordance with the internalgovernance arrangements for each Authority. Keymilestones include the draft Plan for publication, thedraft Plan for submission to the Secretary of State forexamination and the adoption of the Plan. The finaladoption of the Plan will need to be by each Council.
Preparation of a Local Plan requires considerableinput from other organisations, including the PlanningInspectorate (due to the examination process) and
HighResources ofExternal Agencies,including PlanningInspectorate Duty to Co-operate bodies. Many will be involved in
the preparation of other Local Plans. The Councilrelies upon collaborative working with a number ofpartners, particularly to address cross-boundaryissues and infrastructure. If these organisations donot have sufficient resources, this could result indelays to timetables.
In order to minimise risk, the Council will seek to talkto such organisations as early as possible, and it ishoped that the Council can build upon existingworking relationships in order to progress theproduction of the Local Plans. The Council has anInfrastructure Delivery Plan which demonstratespartnership working - this is being updated. TheCouncil will also keep in close contact with thePlanning Inspectorate and make it aware of anyalterations to programmes.
The Council (in conjunction with Hampshire Services)will seek to ensure that the Local Plans are legally
MediumLegal Compliance/Soundness/LegalChallenge compliant, "sound", based upon a robust evidence
base, and have well audited consultation processesin order to minimise the risk of legal challenge. The
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Possible Consequences and MitigationLevel ofRisk
Risk
Council will work closely with the PlanningInspectorate at all stages to ensure the tests ofsoundness are met. The Council will take account ofother advice available such as from the PlanningAdvisory Service and tools such as 'self assessmenttoolkits' in respect of the Local Plan process. TheCouncil will also take legal advice on the plan processas appropriate.
The Thames Basin Heaths Special Protection Area(SPA) is protected under The Conservation of
MediumThames BasinsHeaths SpecialProtection Area Habitats and Species Regulations 2017 and European
Directive 2009/147/EC. It is a network of heathlandsites dedicated due to their ability to provide a habitatfor internationally important bird species.The Bracknell Forest Local Plan will require anAppropriate Assessment to ensure it won't adverselyaffect the integrity of the SPA, and cannot besubmitted until this work is completed, as it wouldotherwise be found unsound.
High levels of interest in consultations and a largevolume of responses result in pressure on staff and
MediumHigh levels of publicinterest in
other resources due to the need to support theconsultations andprocess and consider representations. When projectlarge volumes ofplanning for controversial documents (particularly anyresponses to
consultations involving the allocation of sites), additional time willneed to be programmed for early engagement andconsultation and subsequent analysis of responses.
Due to fluctuations in the economy, there is a risk thatstudies can become outdated before reaching the
MediumDating of evidencebase
examination stage. As a result there is a need tomonitor the situation and update information wherepossible.
The Planning and Compulsory Purchase Act 2004(as amended) and Local Plan Regulations (whichprescribe the relevant bodies) impose the Duty to
MediumJoint Working
Co-operate and the need to work collaboratively onstrategic issues in relation to the planning ofsustainable development. The Council is required toengage constructively, actively and on an ongoingbasis.
Joint working is taking place on evidence studiesrelating to strategic issues that cross Boroughboundaries, as appropriate. Studies most
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Possible Consequences and MitigationLevel ofRisk
Risk
appropriately addressed through joint work arebeing identified at an early stage, bearing in mindlocal plan timetables. Consideration is being given tothe governance of joint work and decision making atvarious milestones, prior to the commencement ofwork, for example, the approach that has been takenwith the Strategic Housing Market Assessment.
Whilst the Joint Minerals and Waste Plan does notcover Slough Borough or West Berkshire, contact willbe maintained with these Authorities in the interestsof planning for minerals and waste strategically andaddressing any cross-border issues.
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5 Monitoring and review5.1 The Council compiles Authority Monitoring Reports (AMRs), which include a reporton progress on the LDS. The timetables for the Bracknell Forest Local Plan (BFLP) andJoint Minerals and Waste Local Plan (JMWP) set out in the LDS will be reviewed in thisdocument. In particular, the following matters will be looked at:
progress against specific milestones;reasons for any mismatch and proposed actions;any new technical information that warrants changes or reviews;any new legislation or guidance or reviews of other strategies that may have an impact;andany other unforeseen circumstances that may have arisen.
5.2 The AMR will also monitor:
policies in adopted documents to identify whether or not they are being implementedand identify actions to ensure implementation or replacement (if appropriate);whether targets and indicators within the Local Plans are being met (and identify actionsto overcome any areas where these are not being achieved);specifically on housing, the number of dwellings built during the monitoring period andforecast completions on remaining sites. This enables the housing trajectory to beupdated and progress against the housing requirement to be assessed.
5.3 The AMR includes data published in the Council's annual report on 'PlanningCommitments for Housing' and 'Planning Commitments for Employment Uses'.
5.4 The AMR and Commitments can be viewed at:
https://www.bracknell-forest.gov.uk/planning-policy-monitoring
Further Information
5.5 For further information about this document or on the preparation of Local Plans,please contact a member of the Local Plan team at:
Planning DepartmentPlace, Planning and RegenerationBracknell Forest CouncilTime SquareMarket StreetBracknellRG12 1JDmailto: [email protected]: 01344 351000Alternatively visit:http://www.bracknell-forest.gov.ukhttps://www.bracknell-forest.gov.uk/planning-policy-monitoring
20 www.bracknell-forest.gov.uk/planningpolicy
6 Glossary of terms
DefinitionTerm
The Authority Monitoring Report (AMR) monitors progress in preparingdocuments in the Local Development Scheme and assesses theextent to which planning policies are being implemented successfully.
AuthorityMonitoring Report
The AMR also updates monitoring information in key subject areas,including housing, economic development and retail, and examinesthe implications of the information for the Development Plan.
Basic Conditions for Neighbourhood Plans are specified by law.Theymust:
Basic Conditions(of NeighbourhoodPlan)
• be appropriate having regard to national policy and guidance
• contribute to the achievement of sustainable development
• be in general conformity with the strategic policies in the developmentplan for the local area
• be compatible with EU obligations
meet the prescribed conditions (to not have a significant effect on aEuropean site or a European offshore marine site).
A Community Right to Build Order (CRTBO) is a type ofNeighbourhood Development Order (NDO), and can be used to grant
Community Rightto Build Order
planning permission for small scale development schemes (e.g.housing) for community benefit. Local community organisations thatmeet certain requirements or parish/town councils are able to prepareCRTBOs.
Planning law (section 38(6) of the Planning and Compulsory PurchaseAct 2004 and section 70(2) of the Town and Country Planning Act1990) requires that decisions on planning applications should bemade in accordance with the development plan unless materialconsiderations indicate otherwise.
Development Plan
The Development Plan for the Borough includes Policy NRM6 of theSouth East Plan, the Core Strategy, the Site Allocations Local Plan,saved policies in the Bracknell Forest Borough Local Plan, savedpolicies in the Minerals Local Plan, saved policies in the Waste LocalPlan and the Binfield Neighbourhood Plan. It is important that alldocuments comprising the Development Plan are read together.
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DefinitionTerm
A document that identifies, as far as is possible, the infrastructureneeds (e.g. provision for new open space, road/junction improvements,
InfrastructureDelivery Plan (IDP)
schools and other community uses) associated with the developmentof sites. It is compiled following engagement with infrastructureproviders and partner organisations. The current IDP for BracknellForest relates specifically to strategic sites allocated through the SiteAllocations Local Plan (SALP).
The Act received Royal Assent in November 2011 and covers a widerange of measures that have an impact on local government. The
Localism Act 2011
principle of localism is that power and resources should be transferredfrom central government to the local level. It is based on the principlethat decisions should be taken as closely as possible to the peoplethey affect.
Local Plans have statutory development plan status and are subjectto rigorous procedures involving community involvement and formal
Local Plan
testing through examination by an independent Planning Inspectorto assess whether a plan has been prepared in accordance with theDuty to Co-operate, legal and procedural requirements and whetherit is sound.
The revised National Planning Policy Framework (NPPF) (July 2018)superseded the original NPPF (March 2018), and is a single documentthat sets out the Government’s planning policies for England and how
National PlanningPolicy Framework
these should be applied. Paragraph 8 sets out three overarchingobjectives (economic, social and environmental) which areinterdependent and need to be pursued in mutually supportive ways.Sustainable development is to be delivered through the preparationand implementation of plans and the application of policies that arebased on these objectives
The National Planning Policy Guidance (NPPG) was launched inMarch 2014 and is updated as necessary by the Government. It isan online resource setting out further detail on the Government'snational planning policies set out in the NPPF.
National PlanningPractice Guidance
Designating the Neighbourhood Area is the first stage of preparing aNeighbourhood Development Plan or Order, and designates theboundary to which the plan or order will affect. The application is
NeighbourhoodArea
submitted by the relevant body (parish/town council) to the localplanning authority. Neighbourhood Areas must be coherent, consistentand appropriate in planning terms.
A plan that establishes planning policies for the development and useof land in a neighbourhood. It may contain a vision, aims, planningpolicies, proposals for improving the area or providing new facilities,and, identify key sites for specific kinds of development.
NeighbourhoodDevelopment Plan
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DefinitionTerm
A Neighbourhood Development Order (NDO) is a means forparish/town councils to grant planning permission for certain kinds of
NeighbourhoodDevelopmentOrder development within a specified area. These orders may apply to the
whole or just part of a Neighbourhood Area.
The Planning Policy for Traveller Sites (PPTS) (August 2015) setsout national policy for Traveller sites and requires local planningauthorities to work collaboratively to prepare a robust evidence baseto set local targets and plan for Traveller sites. It must be read inconjunction with the NPPF.
Planning Policy forTraveller Sites
The South East Plan (SEP) was partially revoked in March 2013.Policy NRM6, which relates to new residential development near the
South East Plan
Thames Basin Heaths Special Protection Area, an area designatedunder European Directives 79/409/EEC (now codified in 2009/147/EC)and 92/43/EEC, is retained.
A Local Plan must be 'sound'. The tests of soundness are set out inparagraph 35 of the NPPF. To be 'sound' a plan must be:
Soundness Tests
• Positively prepared
• Justified
• Effective
• Consistent with national policy.
A document which sets out how a Council will engage withcommunities in reviewing and preparing planning policy documentsand consulting on planning applications.
Statement ofCommunityInvolvement (SCI)
A type of planning document that provides support, and additionaldetail on the implementation of policies contained in Local Plans. An
SupplementaryPlanningDocument (SPD) SPD is a material consideration, but carries less weight than a Local
Plan.
Examines the impact of proposed plans and policies on economic,social and environmental factors, and ensures that these issues are
SustainabilityAppraisal (SA)
taken into account at every stage so that sustainable development isdelivered on the ground. It also appraises the different options thatare put forward in the development of policies and the process ofallocating sites. Each Local Plan that the Council produces isaccompanied by its own SA. Although not a requirement for an SPD,the Council has, to date, prepared SAs for many of the SPDs in orderto ensure that social, environmental and economic factors areconsidered.
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DefinitionTerm
A group of heathland sites distributed across Berkshire, Surrey andHampshire that support important breeding populations of lowland
Thames BasinHeaths Special
heathland birds (especially the Nightjar, Dartford Warbler andProtection Area(TBHSPA) Woodlark). The area is designated for its interest under a European
Wildlife Directive (and subject to the assessment procedure set outin the Habitats Directive) in order to protect the important species ofbirds that live within them.
24 www.bracknell-forest.gov.uk/planningpolicy
Copies of this booklet may be obtained in large print, Braille, on
audio cassette or in other languages. To obtain a copy in an
alternative format please telephone 01344 352000
Bracknell Forest Council
Time Square
Market Street
Bracknell
RG12 1JD
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